Spain, pioneer country against LGTBI employment discrimination | Legal

Spain, pioneer country against LGTBI employment discrimination | Legal
Spain, pioneer country against LGTBI employment discrimination | Legal
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According to Eurostat data in Spain, throughout our lives we dedicate 35.6 years of our work activity. We do this long productive period in social environments, most of the time not chosen, where our superiors permanently evaluate the work, and all of this with a high component of competitiveness that will mark us having a successful professional career with the reward of achieving better positions and salaries within the company.

Currently, LGTBI people recognize their identity, orientation, sexual characteristics or gender expression as a problem when facing work life. The data from the latest UGT study tells us that 75% of the LGTBI people surveyed consider that they do not have the same opportunities than heterosexual people at work, a percentage that rises to 83% among transsexual people. We live in a society that legislatively recognizes equality, but the reality that prevails on a daily basis is completely different. Even LGTBI people who are visible in the social or family environment hide in their jobs because, from experience, they are aware of the treatment given to those who have decided to take a step forward, suffering constant ridicule, disqualification of their work or in cases more serious verbal and even physical attacks.

Article 15 of Law 4/2023 seeks to respond to all of these challenges that we face in order to achieve real and effective equality, and therefore overcome the discrimination that continues to occur in companies. This article requires companies with more than fifty employees to have a set of planned measures and resources that generate an inclusive and respectful climate. Also, in cases of harassment or violence, it is necessary to have a specific protocol to channel complaints internally in a safe manner, always protecting the victim.

As mandated by law, all this must be done within the framework of collective bargaining and agreed with the legal representation of the workers.

Last February, the Government carried out within the framework of the social dialogue with the most representative business and union organizations the preparation of the regulations to apply article 15.1 and we can say with satisfaction that a tripartite agreement has been reached, making Spain the first country of the world that faces non-discrimination measures in the workplace with its own legislation.

The draft Royal Decree that is currently in the public exhibition phase establishes some minimum elements that these planned measures must contain: clauses of equal treatment and non-discrimination, adequate access to employment that prioritizes training and suitability, criteria for promotion professional that do not entail discrimination against LGTBI people, training and awareness for the entire workforce, generating diverse, safe and inclusive work environments, and finally permits and social benefits adapted to the reality of diverse families with the appropriate permits to attend to legal procedures or medical consultations, especially for trans people.

Above and beyond legal and ethical issues, there are companies that have been generating a culture of diversity in its centers with highly positive results. From the different experiences underway, two positive conclusions stand out: the retention and loyalty of talent in a very dynamic labor market, and the incorporation of different points of view to the products and services that are subsequently offered to a society that has already decided fully incorporate the values ​​of diversity, plurality and respect.

We hope with this legislative development and other measures that will come later, results in line with the social challenges we have posed to build a better society.

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